Another FOIA Lawsuit Settled! City of Hoxie
Once again, attorneys McCutchen and Napurano
are victorious in another recent FOIA law suit!
Below is the Press Release from Joey McCutchen regarding the suit. The Legislative Audit may be read here, and the Order may be read here.
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ALSO, listed below the press release are the Location Hubs where you may sign the petitions for the Arkansas Government Disclosure Amendment and Arkansas Government Disclosure Act, so we can get those on the November 2024 ballot (with the required number of signatures being met).
Remember to pick up some blank petitions to help gather more signatures, too!
Press Release:
Joey McCutchen, 479-806-4878
Fort Smith attorneys Joey McCutchen and Stephen Napurano, along with their client Darrell Pickney, announced that the Circuit Court of Lawrence County delivered a favorable ruling against the City of Hoxie, Arkansas. McCutchen and Napurano filed the FOIA complaint against the City of Hoxie and Mayor Dennis Coggins for violating Pickney’s rights secured by the Arkansas Freedom of Information Act on three occasions.
The first FOIA violation occurred after Mayor Coggins prevented Pickney from entering Hoxie City Hall. Pickney is a current Hoxie city councilmember. In response to being prevented from entering the building, Pickney requested a copy of the footage of the incident from the city’s surveillance cameras through a FOIA request. Hoxie City Attorney Nancy Hall later informed Pickney that he was being charged for retrieving the video. Circuit Court Judge Rob Ratton ruled that the City violated FOIA by failing to timely provide the surveillance footage. Judge Ratton further ruled that the City unlawfully charged Pickney for the costs of retrieving the footage in violation of FOIA. Hoxie City Attorney Nancy Hall recently also filed a complaint for money damages against Pickney to unlawfully collect payment from Pickney. McCutchen and Napurano are also representing Pickney in that pending case.
Judge Ratton ruled that the City of Hoxie also violated FOIA by untimely producing public records in response to two additional FOIA requests. In one FOIA request, Pickney asked for the video footage of the February 2024 regular monthly Hoxie City council meeting. During that meeting, City Attorney Nancy Hall raised multiple matters. When Pickney inquired about those matters, Mayor Coggins instructed him to remain quiet and even threatened to have him removed from the meeting if he continued asking questions. It was discovered during the trial that the City did not turn over that video footage until the day before the trial.
In Pickney’s third FOIA request, he asked for bank statements related to the Hoxie Job Stimulus Fund (“Reuse fund”). In September 2023, the City of Hoxie underwent an audit that uncovered several irregularities. One such irregularity involved the use of a $110,000 Reuse loan from the City of Hoxie to “Hatfield & Hall LLC.” On information and belief, Hoxie City Attorney Nancy Hall is a co-owner of Hatfield & Hall LLC. (See attached Legislative Audit)
McCutchen stated, “I think this case is the poster child for why we need a strong Freedom of Information Act and why we need pass the constitutional amendment/act in November. We had an everyday citizen, who happened to be a City councilmember, whose rights were violated under FOIA. But this case may have bigger implications. The folks who denied Mr. Pickney’s rights, in my opinion, did so purposely and knowingly. This speaks to why we need the Arkansas Government Disclosure Amendment and Arkansas Government Disclosure Act, which will hold government officials like this personally accountable with civil penalties. No longer will wrongdoers be playing with taxpayer money like it’s monopoly money.”
Mayor Coggins testified in trial that he does not know about FOIA. Judge Ratton referenced Coggin’s testimony in his Order and stated that despite Coggin’s ignorance of the law “…it is his responsibility to ensure that the City of Hoxie strictly complies with the requirements of FOIA…[and] [t]he buck stops with him as mayor.”
Judge Ratton ordered the City of Hoxie to comply with the requirements of FOIA in the future and enjoined the City from unlawfully passing the cost of personnel time associated with retrieving public records onto FOIA requestors.
McCutchen added, “In light of Judge Ratton’s ruling, the complaint for money damages filed by the City of Hoxie against Mr. Pickney should be immediately dismissed by City Attorney Nancy Hall.”
SEE ATTACHED ORDER and letter dated March 8, 2024 from the Legislative Joint Auditing Committee.
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Joey McCutchen
Trial Lawyer“Protect the 7th Amendment; it’s the one that protects all the rest.”
McCutchen Napurano – The Law Firm
P.O. Box 1971, 1622 North B Street
Fort Smith, AR 72901Office: (479) 783-0036 Fax: (479) 783-5168
Toll Free: (800) 871-0036
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NOTE: Shown below are the LOCATION HUBS where you may sign the petitions for the Arkansas Government Disclosure Amendment and Arkansas Government Disclosure Act, so we can get those on the November 2024 ballot (with the required number of signatures being met). Remember to pick up some blank petitions to help gather more signatures, too!
McCutchen Napurano — The Law Firm
1622 N B Street, Fort Smith, AR 72901
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